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US: UPDATED - 30 months in jail for lasing airplane, helicopter
25 Mar 2013 -- Categories: Jail/Prison | Sex: Male | Updated | Appeal | Overturned | Did not realize hazard
Adam Gardenhire, 19
North Hollywood, California, US
On March 25 2013, Gardenhire was sentenced to 30 months in federal prison for aiming a “commercial grade” green laser pointer at an aircraft and a police helicopter on March 29 2012. He could have received five years in prison. The crime has a maximum prison term of up to five years. Federal sentencing guidelines recommended an 18-24 month penalty, but U.S. DIstrict Judge Stephen Wilson said he wanted to send a message that Gardenhire’s behavior was “reckless and very dangerous.”
As of March 25 2013, Gardenhire remains free on bond pending an appeal hearing in April 2013.
UPDATED April 30 2015: A three-judge federal appeals court threw out Gardenhire’s 30-month sentence. They found that although Gardenhire was aware that laser misuse could cause blindness, that information was different from “knowing that a laser beam can be distracting to pilots who are both enclosed in a cockpit and at least 2,640 feet away. Nor did the government submit any evidence of what even an average person would know about the effects of aiming a laser beam at an aircraft.” The appeals court specifically noted that U.S. District Judge Stephen Wilson said the behavior was “reckless” but that this view was “determined to be erroneous.” They asked for a new sentencing hearing, from a new judge in the federal district of Los Angeles. Details at this LaserPointerSafety.com news item.
North Hollywood, California, US
On March 25 2013, Gardenhire was sentenced to 30 months in federal prison for aiming a “commercial grade” green laser pointer at an aircraft and a police helicopter on March 29 2012. He could have received five years in prison. The crime has a maximum prison term of up to five years. Federal sentencing guidelines recommended an 18-24 month penalty, but U.S. DIstrict Judge Stephen Wilson said he wanted to send a message that Gardenhire’s behavior was “reckless and very dangerous.”
As of March 25 2013, Gardenhire remains free on bond pending an appeal hearing in April 2013.
UPDATED April 30 2015: A three-judge federal appeals court threw out Gardenhire’s 30-month sentence. They found that although Gardenhire was aware that laser misuse could cause blindness, that information was different from “knowing that a laser beam can be distracting to pilots who are both enclosed in a cockpit and at least 2,640 feet away. Nor did the government submit any evidence of what even an average person would know about the effects of aiming a laser beam at an aircraft.” The appeals court specifically noted that U.S. District Judge Stephen Wilson said the behavior was “reckless” but that this view was “determined to be erroneous.” They asked for a new sentencing hearing, from a new judge in the federal district of Los Angeles. Details at this LaserPointerSafety.com news item.